Judge: Joel R Wohlfeil, Case: 37-2023-00008344-CU-PO-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 13, 2023

09/15/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00008344-CU-PO-CTL MASON VS MF PANDA NR (CA) LP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 07/19/2023

1. The unopposed Moton (ROA # 21) of Defendant Conrad Prebys Trust Dated 12-17-82 663 Peach Prop, LLC (erroneously sued as '663 Peach Prop, LLC') ('Defendant') for an Order striking the punitive damages allegations contained in paragraphs 22 and 50 of the First Amended Complaint ('FAC') and the third claim contained in the first section of the prayer for relief asserted by Plaintiffs Cherry Mason and Cherrie Harris ('Plaintiffs'), is DENIED AS MOOT.

Plaintiffs filed a First Amended Complaint was filed on June 29, 2023. ROA # 20.

This Motion is moot because it is directed at a superseded pleading. See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal. App. 4th 1049, 1054 (filing of amended complaint renders demurrer moot because an amendatory pleading supersedes the original one).

_____ 2. The unopposed Motion (ROA # 27) of Defendant MF PANDA NR OWNER (CA) LP ('Defendant') for an order striking portions of the First Amended Complaint ('FAC') by Plaintiffs CHERRY MASON ('Mason') and CHERRIE HARRIS ('Harris') ('Plaintiffs'), is GRANTED for those reasons as are stated in the moving papers.

As applied to this Defendant only, the Court strikes the allegations listed within the notice of this motion at page 2, line 10 – page 3, line 5.

The Court will entertain argument as to whether leave to amend the pleading should be permitted.

Defendant's Request (ROA # 28) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of the dates only on which Exh's 'B' and 'C' were filed with the Court; otherwise, the Request is DENIED.

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